NRI PULSE STAFF REPORT
Houston, TX, January 16, 2026: A U.S. federal court has ordered immigration authorities to facilitate the return of Francisco D’Costa, an Indian national who was deported to India in December despite a judicial order temporarily halting his removal.
D’Costa, who had lived in the United States since about 2009, was deported on December 20, 2025, hours after a federal judge issued a stay preventing his removal while his immigration case was under review. The court later ruled that his deportation violated that stay and was therefore unlawful.
According to court records, D’Costa had been placed in removal proceedings after acknowledging that he lacked legal immigration status. In October 2025, an immigration judge granted him voluntary departure. However, after retaining legal counsel, D’Costa filed a motion to reopen his case, citing changed conditions in India and asserting that he faced potential persecution because of his conversion to Christianity.
Under U.S. immigration law, the filing of a motion to reopen altered the procedural posture of his case and triggered additional judicial review. D’Costa also sought a stay of removal from federal court, which was granted on December 20.
Despite the stay order being issued and communicated to immigration authorities, D’Costa was placed on a commercial flight and removed to India later that same day. The court found that immigration officials failed to comply with its order.
In a subsequent ruling, the U.S. District Court for the Southern District of Texas directed the U.S. government to take immediate steps to return D’Costa to the United States so that his immigration proceedings could continue as if the wrongful deportation had not occurred. The court also ordered the government to submit a plan outlining how it would facilitate his return.
The judge rejected arguments that the court lacked authority to order D’Costa’s return, stating that restoring the status quo was necessary to protect the integrity of the judicial process and D’Costa’s legal rights.
